HB2406 96TH GENERAL ASSEMBLY

LRB096 09601 RLJ 19762 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB2406

Introduced 2/19/2009, by Rep. Franco Coladipietro

SYNOPSIS AS INTRODUCED:

70 ILCS 805/8

from Ch. 96 1/2, par. 6315

Amends the Downstate Forest Preserve District Act. Excepts the following types of contracts from competitive bidding requirements: professional or technical services, utilities, technology integration, printed matter, those not adapted to bidding, single source, repairs by the manufacturer or its agent, and emergency. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning forest preserve districts.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Downstate Forest Preserve District Act is amended by changing Section 8 as follows:

(70 ILCS 805/8) (from Ch. 96 1/2, par. 6315)

Sec. 8. Powers and duties of corporate authority and officers; contracts; salaries.

(a) The board shall be the corporate authority of such forest preserve district and shall have power to pass and enforce all necessary ordinances, rules and regulations for the management of the property and conduct of the business of such district. The president of such board shall have power to appoint such employees as may be necessary. In counties with population of less than 3,000,000, within 60 days after their selection the commissioners appointed under the provisions of Section 3a of this Act shall organize by selecting from their members a president, secretary, treasurer and such other officers as are deemed necessary who shall hold office for the fiscal year in which elected and until their successors are selected and qualify. In the one district in existence on July 1, 1977, that is managed by an appointed board of commissioners, the incumbent president and the other officers appointed in the manner as originally prescribed in this Act shall hold such offices until the completion of their respective terms or in the case of the officers other than president until their successors are appointed by said president, but in all cases not to extend beyond January 1, 1980 and until their successors are selected and qualify. Thereafter, the officers shall be selected in the manner as prescribed in this Section except that their first term of office shall not expire until June 30, 1981 and until their successors are selected and qualify.

(b) In any county, city, village, incorporated town or sanitary district where the corporate authorities act as the governing body of a forest preserve district, the person exercising the powers of the president of the board shall have power to appoint a secretary and an assistant secretary and treasurer and an assistant treasurer and such other officers and such employees as may be necessary. The assistant secretary and assistant treasurer shall perform the duties of the secretary and treasurer, respectively in case of death of such officers or when such officers are unable to perform the duties of their respective offices.

(c) All contracts for supplies, material or work involving an expenditure in excess of $20,000 shall be let to the lowest responsible bidder, after advertising at least once in one or more newspapers of general circulation within the district, excepting (1) work requiring personal confidence; (2) work of individuals possessing a high degree of professional or technical skill where the ability or fitness of the individual plays an important part; (3) contracts for utility service, such as gas and electric; (4) contracts for services or supplies that require integration with existing technology or systems connected therewith, or with existing computer hardware and software, such as security systems and integrated computer and data systems and services related thereto; (5) contracts for the purchase of magazines, books, periodicals, and similar articles of an educational or instructional nature; (6) contracts that by their nature are not adapted to award by competitive bidding, such as telecommunication systems, contracts for services or supplies that are available only from a single source, and contracts of a proprietary nature; (7) contracts for the maintenance or servicing of, or provision of repair parts for, equipment that are made with the manufacturer or authorized service agent of that equipment where the provision of parts, maintenance, or servicing can best be performed by the manufacturer or authorized service agent; (8) contracts required to meet an immediate emergency affecting the district or its property, or affecting the public health, safety, or welfare, in which case the board of commissioners shall set forth the nature of the danger to the district or to the public health, safety, or welfare; and (9) or necessary supplies under the control of monopolies, where competitive bidding is impossible. Contracts for supplies, material or work involving an expenditure of $20,000 or less may be let without advertising for bids, but whenever practicable, at least 3 competitive bids shall be obtained before letting such contract. All contracts for supplies, material or work shall be signed by the president of the board of commissioners or by any such other officer as the board in its discretion may designate.

(d) (c) The president of any board of commissioners appointed under the provisions of Section 3a of this Act shall receive a salary not to exceed the sum of $2500 per annum and the salary of other members of the board so appointed shall not exceed $1500 per annum. Salaries of the commissioners, officers and employees shall be fixed by ordinance.

(Source: P.A. 93-897, eff. 1-1-05.)

Section 99. Effective date. This Act takes effect upon becoming law.